Orissa High Court
Guru Charan Mahanta vs State Of Odisha on 15 November, 2021
IN THE HIGH COURT OF ORISSA AT CUTTACK
JCRLA No.21 of 2019
Guru Charan Mahanta .... Appellant/
Petitioner
Mr. C.R. Sahu, Advocate
-versus-
State of Odisha Respondent/
....
Opp. Party
Mr. Arupananda Das,
Addl. Government Advocate
CORAM:
JUSTICE S.K. SAHOO
ORDER
Order No. 15.11.2021
I.A. No.46 of 2021
03. This matter is taken up through Hybrid
Arrangement (Video Conferencing/Physical Mode).
This is an application under Section 389 of
Cr.P.C. for grant of bail.
Heard.
The appellant-petitioner has been convicted
under section 376(2)(i) of the Indian Penal Code and
section 4 of the POCSO Act and sentenced to undergo
R.I. for a period of ten years and to pay a fine of
Rs.5,000/- (rupees five thousand), in default, to
undergo further R.I. for a period of one year for the
offence under section 376(2)(i) of the Indian Penal
// 2 //
Code and no separate punishment is awarded under
section 4 of the POCSO Act in view of section 42 of
the POCSO Act by the learned Additional Sessions
Judge -cum- Special Judge, Keonjhar in Special Case
No.178/67 of 2016-14.
Perused the impugned judgment.
In view of the age of the victim (P.W.6) and the
evidence of the doctor (P.W.4) and the nature and
gravity of the accusation against the petitioner, while
not inclining to release the petitioner on bail on merit,
but since the petitioner is in judicial custody for more
than seven years and four months out of substantive
sentence of ten years imposed on him by the learned
trial Court and paper book has not been prepared, I
direct the petitioner to be released on interim bail for
a period of three months from the date of his release.
The petitioner shall surrender before the learned Court
below immediately on the expiry of the said three
months period.
For the aforesaid period, let the appellant-
petitioner be released on interim bail for the aforesaid
period on furnishing bail bond of Rs.50,000/- (rupees
fifty thousand) with two local solvent sureties each for
the like amount to the satisfaction of the Court in
seisin over the matter with further terms and
conditions as the learned Court may deem just and
proper. While on interim bail, the petitioner shall not
// 3 //
try to keep any contact with the victim or her family
members and he shall not indulge in any criminal
activities in any manner.
Violation of any terms and conditions shall entail
cancellation of interim bail.
Accordingly, the I.A. is disposed of.
Urgent certified copy of this order be granted on
proper application.
( S.K. Sahoo)
Judge
JRCLA No.21 of 2019
04. List this matter in the week commencing from
28.02.2022.
Learned counsel for the appellant shall file the
surrender certificate of the appellant by the next date.
( S.K. Sahoo)
Judge
RKM
